JOURNAL OF ZHEJIANG UNIVERSITY (HUMANITIES AND SOCIAL SCIENCES)

浙江大学学报(人文社会科学版)


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	JOURNAL OF ZHEJIANG UNIVERSITY 2023 Vol.53 Number 5
	2023, Vol.53 Num.5
	Online: 2023-07-17

	Article

Article

	5	Zhou Simin, Zhang Yongquan

		The Value of Dunhuang Literature Published in Pioneering Stage: A Case Study of Zhensongtang Cang Xichui Miji Congcan ^Hot!
		In the pioneering stage of Dunhuang Studies, with Luo Zhenyu as the representative, numerous scholars compiled, copied, depicted, and published a great deal of literature, yet this literature has not been fully utilized in today’s Dunhuang academic research. Therefore, taking Zhensongtang Cang Xichui Miji Congcan compiled by Luo Zhenyu in 1939 as a typical example, this paper expounds on the great value of early published literature for Dunhuang academic research today and proposes the issues that should be considered when using such literature.The compilation and publication of Dunhuang documents in the early days did not form a standardized pattern. Congcan was neither cataloged nor titled, thus making it difficult for researchers, including Luo himself, to accurately determine the number and content of the printed manuscripts contained within it. Based on the research of renowned scholars such as Wang Zhongmin, Lin Pinghe, and others, combined with the latest research results of each scroll, we conducted a thorough combing of Congcan and identified 35 kinds of 95 pieces of fragmentary scrolls or fragments: 17 kinds of 69 pieces in Volume 1, 7 kinds of 7 pieces in Volume 2, and 11 kinds of 19 pieces in Volume 3. It is widely known that after the death of Luo, his collected manuscripts were scattered in batches. Through the analysis of elements such as characters, successive content, writing styles, seals, inscriptions and postscripts, etc., of handwritten scrolls, with a comprehensive search of the catalogs published by various collection institutions and the journals and papers published publicly, it was found that 51 of them were eventually collected in the National Museum of China, the National Library of China, the Palace Museum, the Nanjing Museum, the Liaoning Provincial Museum, the Shanghai Municipal Library, the Peking University Library, and other places after nearly a hundred years of circulation.Even for the same manuscript, there are often discrepancies between the images in Congcan and the latest materials publicly released by the institutions. For example, in the two articles published by Wang Su et al., which introduced the basic information of Dunhuang literature collected in the Palace Museum, the four sections numbered New 179084 were once included in Congcan. Upon comparison with Congcan, it was discovered that there were potential modifications to be made to the title, and starting and ending records of the fragments in the articles. In addition, after comparing the former and new images of the same manuscript, it was found that BD14521 published by the National Library of China was incomplete, with the first image missing in the printing, while Congcan was consistent with the one released in the International Dunhuang Project, and was complete. By taking the former and current collectors of manuscripts as clues, and combining the postscripts, titles, seals, and other related information on the manuscripts, it can be seen that in the early transactions, antique dealers and booksellers sought to maximize their profits, and there was a common phenomenon of splitting manuscripts. After splitting, the fragments of similar content tended to be restitched together into booklets or long scrolls for circulation. Some collectors might repair their stored fragments by imitating the original calligraphic style and compose type, rather than blindly supplementing the entire text and pursuing a complete version. This can be regarded as an early thought of reconstructing the fragments to some extent.Meanwhile, due to objective technical limitations and subjective outdated concepts, literature published in the early period is inevitably subject to certain flaws. Some of the copies in Congcan have blurred and distorted edges and some of the copies are not directly based on the original. Furthermore, all of the manuscripts in Congcan are one-sided written, as Luo Zhenyu selectively chose some double-written manuscripts, omitting the side he deemed unimportant.As academic research advances, compared with our predecessors, we have more diverse and convenient ways to obtain various literature. While making full use of convenient databases and high-definition color images, we should also pay attention to the literature published in Congcan and other early periodicals. These printed materials from the early stage may be closer to the original appearance of the manuscripts and may contain some information that is almost impossible to verify but is nonetheless very important.
		2023 Vol. 53 (5): 5-19 [Abstract] ( 102 ) [HTML 1KB] [PDF 4357KB] ( 429 )

	20	Chen Xiao, Liu Zijia, Shen Yan

		Influence of Overseas Education Experience on Voice Behavior of College Teachers: Based on Imprinting Theory ^Hot!
		“If you listen to both sides, you will see clearly.” The voice behavior of overseas high-level talents is an important factor in promoting the development of colleges and universities. Voice behavior is divided into promoting voice behavior and prohibiting voice behavior. Promoting voice behavior is the accelerating behavior in which an individual constructively encourages something to happen. Prohibiting voice behavior is an individual’s inhibiting behavior to challenge the status quo and make something disappear. At the individual level, the factors affecting voice behavior are personality, cultural values, working state, cognitive style, and individual goal orientation. Whether overseas education experience affects college teachers’ promoting voice behavior and prohibiting voice behavior is less explored, and there has been no in-depth study of the underlying mechanisms of overseas education experience on promoting voice behavior and prohibiting voice behavior among higher education teachers. Based on the emerging imprinting theory, this paper first analyzes how overseas education experience affects college teachers’ promoting voice behavior and prohibiting voice behavior, and further analyzes the moderating effects of perceived organizational support and job satisfaction on the relationship between overseas education experience and voice behavior of college teachers. Secondly, using the data consisting of 714 questionnaires from universities in Zhejiang Province, the empirical research shows that overseas education experience has a significant positive effect on promoting voice behavior and prohibiting voice behavior of college teachers. Both job satisfaction and perceived organizational support negatively moderated the relationship between overseas education experience and promoting voice behavior, but they had no significant moderating effect on the relationship between overseas education experience and prohibiting voice behavior. This paper contributes to the prior literature in both theoretical and practical aspects. From a theoretical perspective, this paper applies “imprinting theory” to the research field of organizational behavior, and explores the influence of overseas education experience on the voice behavior of college teachers as well as its mechanism in the context of Chinese colleges and universities, which not only enriches the academic research on antecedent variables of voice behavior but also enriches the situational research on voice behavior. From a practical perspective, driving the voice behavior of college teachers with overseas education experience can meet the needs of “the right time, the right place, and the right people” for the high-quality development of colleges and universities in the new era. The “right time” means that today’s world is experiencing a great change that has not happened in a century. As the trend of “rising in the East and falling in the West” gradually becomes obvious and the performance of the Chinese economy is increasingly strong, many overseas high-level talents are returning. Universities have become the highland where all kinds of overseas talents gather, and the group of overseas teachers is growing. “Right place” means that colleges and universities take talent training and knowledge innovation as the core. In the process of forming a good educational atmosphere and promoting knowledge innovation, the institutions and environment of colleges and universities have a high degree of fault tolerance for opinions and suggestions from different groups such as teachers and students. “Right people” means that overseas high-level talents usually have advanced ideas and strong thinking abilities, and can put forward feasible solutions to some difficult problems with creative thinking, which plays a significant positive role in the high-quality development of colleges and universities. Therefore, the research conclusion of this paper provides a useful political reference for colleges and universities to effectively manage the advice of overseas high-level talents, promote the democratic management of colleges and universities, ensure the realization of connotation development of colleges and universities, and improve the quality of education and teaching and the overall level of running a school.
		2023 Vol. 53 (5): 20-35 [Abstract] ( 124 ) [HTML 1KB] [PDF 807KB] ( 274 )

	36	Liu Xiang, Li Hong

		A Study of Innovation Evaluation Metrics for Interdisciplinary Studies: Take New Engineering Artificial Intelligence as an Example ^Hot!
		The Ministry of Education has set up an “interdisciplinary” category and identified eight new first-level disciplines such as “intelligent science and technology”. The connotation of “Intelligent Science and Technology” covers new engineering majors such as “Artificial Intelligence” and “Robot Engineering”, and involves disciplines such as philosophy, science, engineering, and even literature, medicine, as well as related disciplines. Currently, there is a lack of indicator system for the evaluation of the interdisciplinary scientific researches and innovation capabilities. To provide reference for the evaluation of scientific research and innovation ability of the interdisciplinary “intelligent science and technology”. In the present paper，starting from the disciplinary characteristics of the interdisciplinary disciplines, an evaluation index system was established for the scientific and technological competitiveness of universities in the field of artificial intelligence corresponding to “intelligent science and technology”, which could objectively evaluate the scientific research and innovation capabilities of universities in this interdisciplinary field, timely track the development level of disciplinary competitiveness of universities in artificial intelligence, verify the feasibility of multiple indicator system and discipline characteristic indicators.Considering that universities’ scientific research and innovation capabilities are comprehensive, the indicator system cannot cover all innovation activities during the evaluation process, and a set of evaluation indicators for scientific and technological innovation capabilities cannot be applied to all disciplines. Therefore, an indicator system that conforms to the discipline development laws and development stages should be established based on the characteristics of sub disciplines. According to the disciplinary characteristics of artificial intelligence, the evaluation system for the technological innovation ability of artificial intelligence in universities includes four aspects: basic research output, research quality, technological innovation output, and cutting-edge research representing new technologies, corresponding to four indicators: paper output, high-quality papers, patents, and funds.In addition to the scientific nature of evaluation indicators, the accessibility and clarity of indicator data are also important in the evaluation of scientific research innovation. The more interdisciplinary research fields are, the more difficult it is to obtain accurate indicator data. As a branch of intelligence science, in addition to journal papers, scholars pay more attention to international conference papers. Based on the characteristics of artificial intelligence, this study uses the publication of documents at top conferences in this field as one of the parameters for evaluating research output. Based on the conference directory of CSRankings AI and the list of international conferences recommended by the China Computer Society, a list of top academic conferences on artificial intelligence was established, and the availability and comparability of conference paper data in the list was investigated and confirmed. We investigated keywords of artificial intelligence, and established an IPC classification number mapping table for artificial intelligence patents using keywords. Through expert consultation, we confirmed the feasibility and accuracy of obtaining artificial intelligence patents based on the IPC classification number of this table. Fund data of universities was acquired according to interdisciplinary classification. Artificial intelligence research branches are mapped to existing fund discipline classifications to obtain reliable fund support information. It includes funding data for the Department of Information Science’s first level discipline, Artificial Intelligence, and the second level discipline, Artificial Intelligence Driven Automation and Robotics and Robotics Technology. Fund data of American universities was mainly collected through statistics on the fund information of secondary disciplines such as artificial intelligence, computer vision and pattern recognition, and human-computer interaction under computer science in the ASJC discipline classification.In the empirical study of scientific research innovation evaluation, 5 “double first class” universities in China and 5 top universities in the United States were selected to conduct simulation evaluation and research on the AI research competitiveness of each university using the proposed indicator system and data acquisition method. Through the research on the characteristic indicators for the evaluation of artificial intelligence research innovation in the field of “intelligent science and technology”, it can be seen that in this interdisciplinary field there is a significant gap between the research competitiveness of top domestic universities and top American universities in terms of research scale, research influence, front research, and other aspects. Therefore, when comprehensively evaluating the interdisciplinary scientific research competitiveness of universities, through comprehensive comparison of highly differentiated indicators, it is not only possible to understand the comprehensive level of scientific research of each university but also to understand the differences in specific indicators of each university, helping universities find in-depth exploration and analysis directions in the evaluation of scientific research competitiveness, and improving the accuracy of scientific research evaluation and decision-making.
		2023 Vol. 53 (5): 36-46 [Abstract] ( 138 ) [HTML 1KB] [PDF 949KB] ( 323 )

	47	Zhang Ribo

		The Mechanism of New Development Pattern in Promoting High-quality Economic Development: From the Perspective of Infra-marginal Analysis ^Hot!
		China’s new development paradigm features dual circulation, in which both domestic market and overseas one reinforces each other, with the domestic one as the mainstay. This is an important economic development path and strategy for China in the new stage of development. This paper focuses on the characteristics of China’s domestic circulation from the perspective of China’s domestic unified large market construction. The construction of a national unified big market involves six areas, namely, “unified basic market institutions and rules, high standard connected market facilities, unified factor and resource markets, unified commodity and service markets, unified market supervision and fairness, and regulation of improper market competition and market intervention”. The unifications involved in these fields were previously limited to small areas and were public goods in small scope. The essence of the construction of the domestic unified market is to break down the regional barriers and eliminate the administrative economy through top-level design so that regional public goods can be transformed into generalized national public goods. The domestic circulation has two functions: improving transaction efficiency and production efficiency. This paper focuses on the following question: what impacts will these two functions have on China’s internal and external circulation?In this paper, the new development paradigm, especially the two functions， is viewed from the perspective of the division of labor. The two functions of dual circulation are analyzed endogenously within the framework of ultra-marginal analysis. A series of boundary conditions must be satisfied for the dual circulation structure to be the optimal structure among many structures of divisions of labor. This paper draws the following conclusions: First, any kind of division of labor structure has its critical conditions to be satisfied. There is no optimal division of labor structure in every case. For a certain division of labor structure to become the socially optimal division of labor structure, its absolute transaction efficiency needs to have an overwhelming advantage over the compound absolute transaction efficiency under other structures, or its relative transaction efficiency advantage exceeds the relative productivity gap with other structures. Second, traditional internal circulation can optimize the allocation of labor factors, reconstruct the inter-regional industrial division of labor, and increase per capita income. When domestic regions open to each other, domestic commodity market integration and labor market integration will emerge. Each product achieves domestic survival of the fittest according to the productivity level. In accordance with comparative advantages, each region divides its labor in production and trades at the highest productivity level. Micro entities increase their income by choosing high-productivity industries that suit them. Third, with the domestic market as the mainstay, the construction of a national unified large market has obvious effects on promoting economic development of high-quality. The role of domestic large circulation is to improve transaction efficiency and production efficiency, increase income, and promote the transformation of employment structure and industrial structure. As a high-level division of labor structure, the domestic cycle is the result of the microcosmic subject weighing the cost and benefit of the domestic great cycle. In the process of building a unified domestic market, the government is supposed to make intensive use of the limited tax revenue so as to provide better public services. Only in this way can we improve the transaction efficiency and production efficiency, promote the optimization of the social division of labor structure, and realize the jump from the traditional internal circulation to the high level of internal circulation. Fourth, the action of the external circulation should be grouped into normal and abnormal situations. The function of normal external circulation is to optimize the allocation of domestic labor factors and reduce the technological gap with developed countries. The function of abnormal external circulation is also manifested as a forcing internal system reform, so as to make up for the loss of external trade distortion through the dividend of reform.
		2023 Vol. 53 (5): 47-61 [Abstract] ( 102 ) [HTML 1KB] [PDF 1118KB] ( 366 )

	62	Lin Saiyan, Liu Jun

		A Study of the Influence of Urban Business Environment on Enterprise Innovation Efficiency ^Hot!
		As a comprehensive consideration of the external environment faced by the daily business activities of enterprises, the business environment has an important impact on the innovation activities of enterprises. From the perspective of ecosystem theory, business environment can be regarded as a comprehensive ecosystem of the external environment faced by enterprises engaged in innovation, entrepreneurship, financing, investment and other activities. On the basis of matching the sub-dimensional index of China’s urban business environment in 2017-2018 and the data of 1,502 A-share listed companies, this paper systematically explores the influence of different dimensional elements of urban business environment on enterprise innovation efficiency through the DEA-Tobit model. The empirical results based on the full sample show that the optimization of human resources, innovation environment and government environment directly related to the innovation activities of enterprises has a significant positive impact on their innovation efficiency, while the financial service has a certain negative impact. Public service, market environment and legal environment have no significant impact on the innovation efficiency of enterprises. After recalculating the innovation efficiency of enterprises and dealing with the possible endogenous problems by the method of instrumental variables, the conclusion is still robust. Furthermore, according to the regions and types of enterprises, the relationship between different dimensions of business environment elements and enterprise innovation efficiency is different.Based on the above conclusions, this paper argues that it is necessary to further strengthen the supporting role of human resources, innovation environment and government environment for enterprise innovation activities, improve the level of public service, market environment and legal environment in various regions, and exert their positive promoting effect on enterprise innovation activities. Government departments and local financial institutions should continue to deepen financial market reform and prevent financial distortions while improving financial services and easing financing constraints for enterprises. At the same time, government departments should vigorously promote the construction of equal access to public services, remove all kinds of restrictions on the flow of talents, and provide high-quality business ecological environment support for enterprises to carry out high-quality innovative activities. As a key component of the business ecosystem, government departments should strengthen the construction of a digitally-intelligent business environment. While reducing the institutional transaction costs of enterprises, they should pay more attention to the precise alignment of the supply of business policies with the needs of enterprises, so as to meet the needs of various business policies in the process of enterprises’ innovation activities. Enterprises need to pay more attention to the basic role of R&D talents in innovation activities, and focus on the reasonable proportion of R & D investment, so as to improve the efficiency of enterprise innovation with high quality.Compared with previous literature, the possible innovations of this paper include the following points. First, the research perspective focuses on the subdivision dimensions of the business environment, and systematically examines the influences of human resources, innovation environment, government environment, financial services, public services, market environment and legal environment on the efficiency of enterprise innovation, thus expanding the research perspective in the field of enterprise innovation. Second, while revealing the overall impact of different dimensions of urban business environment factors on enterprise innovation efficiency, it provides an in-depth study of the different dimensions of urban business environment factors on enterprise innovation efficiency from the perspective of the heterogeneity of regions and enterprise types, enriching the research results in the field of business environment and micro enterprise innovation.
		2023 Vol. 53 (5): 62-78 [Abstract] ( 200 ) [HTML 1KB] [PDF 770KB] ( 502 )

	79	Liu Junjie

		The Development of Negligence Imputation: From Traditional Examination Mode to the Behavior Imputation Theory ^Hot!
		In practice, the traditional negligence examination mode developed after being deeply influenced by the old negligence theory. The new negligence theory and the revised old negligence theory in the Japanese doctrine is practiced. It is to objectively judge the causal relationship with a considerable causal relationship after serious consequences, and subjectively judge whether the perpetrator has the possibility of foreseeing it. Since this examination mode focuses on results and empirical judgment, it may lead to the results of guilt and subjective guilt, so the behavior imputation theory must be adopted to make normative judgments.In the negligent crime, the behavior imputation theory should be adopted rather than the result imputation theory that has swept the academic world. First of all, the theory of behavior imputation is consistent with the construction of negligent crime. The structure and characteristics of negligent crime determine that the focus of the lawlessness judgment of the negligent crime is on the behavior and the imputation should be carried out around the behavior. The imputation of negligent behavior must be judged substantively and normatively. Secondly, in the negligent crime, behavior imputation actually includes the judgment content of result imputation, and reasonably corrects the judgment perspective of result imputation. Finally, from a practical point of view, emphasizing the objective imputation in the lawlessness judgment of negligent crime, especially the behavior imputation, is conducive to preventing guilt and subjective guilt. The behavior imputation theory adopts the standard of ordinary people to make normative judgments, and integrates the criminal policy thinking of general prevention into lawlessness judgment. This can reasonably limit the establishment scope of lawlessness in negligence cases, including complex negligence cases with intervening factors.In addition to the innovation of topic selection, the thesis also has innovations in research paths and research viewpoints. On the research path, the distinction between behavior imputation and result imputation is abolished, and the judgment perspective and criteria for imputation are repositioned to the standard of ordinary people in behavior. It points out that the focus of the lawlessness judgment of the negligent crime is on the behavior, and the imputation should be carried out around the behavior. In terms of research point of view, the general theory holds that the same lawlessness evaluation standard is adopted in intentional and negligent crime, while this thesis establishes normative imputation for lawlessness evaluation standard in negligent crime, which is different from intentional crime. The thesis adopts the standard of ordinary people in advance to make a general judgment on the effectiveness of the norm, which provides a more convincing solution for the application of the theory of protective purpose of norm, and can also reasonably limit the establishment scope of lawlessness in negligence cases.
		2023 Vol. 53 (5): 79-93 [Abstract] ( 107 ) [HTML 1KB] [PDF 778KB] ( 464 )

	94	Liu Huimei, Zhou Yu

		From Leisure to Leisure Philosophy: A Leisure Philosophy from the Perspective of Western Etymology of “Leisure” ^Hot!
		The research works and approaches of leisure philosophy in countries such as the United States, Canada and the United Kingdom have greatly influenced the Chinese research on leisure philosophy, which views the leisure philosophy as a reflection on leisure from a philosophical perspective. However, this approach has largely limited the development of leisure philosophy in China. Among the four main streams of thought exploring leisure in France, Germany and Italy, leisure has been considered as the main driving force for reflecting on traditional Western philosophy and breaking through the inherent dilemmas of contemporary Western philosophy, such as breaking through the technical and distributional governance of the systematic bio-politics, breaking through intellectual, political and affective biases against laborers, and breaking through the temporality of traditional daily life. This can fundamentally stimulate the potential of Chinese leisure philosophy research.Based on different orientations of leisure philosophy, this article provides a basic framework for defining different types of leisure philosophy and their basic research methods and contents by determining the intersection between the perspective adopted when understanding the relationship between leisure and philosophy and the dimension of inquiry into leisure, in order to provide a common ground for a dialogue for different types of philosophies of leisure. At the same time, this dialogue also relies on a rigorous etymological interpretation of the concept of “leisure”. Based on Heidegger’s “thought-language” integrated etymological method, this article conducts a holistic and historical examination on the meaning and evolution of “leisure” in the Indo-European languages, thus showing that both the Anglo-Saxon ?metta meaning of “spare time” and the meaning of “spare time” introduced by Boyer fundamentally define the basic meaning of modern English leisure as “spare time”. At this point, there are fundamental differences between leisure in modern english and σχολ? in ancient Greek, licet and its infinitive licēre in Latin, and loisir/loysir/leisir in old French: the basic meaning of the former is “spare time”, and the basic meaning of the latter is “be permitted”. That is to say, due to the errors of French lexicographer, leisure as “be permitted” in ancient Greek, Latin, and old French was replaced by leisure as “spare time” in modern English, leading to a disjunction in meaning and concept between modern leisure and ancient leisure. In ancient philosophy, leisure does not belong to the organic components of daily life, but rather referred to the interruption of daily life. More precisely, it was a sacred space that “permitted” the participants to obtain superior experience and divine tranquility. In this sense, leisure is “outside” work, labor and intervals. Currently, the way of bridging the gap lies in restoring its meaning of “be permitted” and its complete etymological genealogy, thus eliminating the exclusive right to interpret leisure in the sense of free time, recreation, idleness or laziness.In addition to the etymological interpretation, this article examines Heidegger’s understanding of the concept of leisure: in his early thoughts, leisure was understood as lingering in pure contemplation; in his later thoughts, leisure was understood as the permission of “lassen” and “Gelassenheit”, that is, “zulassen-lassen” and “zulassen-Gelassenheit”. In this sense, only when leisure is understood as “being permitted”, that is, not only having its etymological necessity but also its philosophical basis, can all beings be themselves. From a practical point of view, leisure as “being permitted” will break away from the temporal dependence on spare time, thus completing a breakthrough in the technological worldview with “acceleration” as its main symptom.Furthermore, this article presents a framework for defining different types of leisure philosophy, which is not limited to an interpretation of the concept of “leisure” in the Indo-European language family. Moreover, this framework can propose new types of leisure philosophy by pairing perspectives and dimensions, thus breaking through the limitations of Western disciplinary and academic discourse systems.
		2023 Vol. 53 (5): 94-106 [Abstract] ( 173 ) [HTML 1KB] [PDF 1270KB] ( 328 )

	107	Zhao Dong

		An Interpretation of Criminal Law Thought in Marx and Engels’s Classics and Its Contemporary Value ^Hot!
		China’s criminal law, represented by the Eleventh Amendment to the Criminal Law, is going through a “reform era”. The criminal law thought in Marx and Engels’ classics is the fundamental guarantee for promoting the modernization of China’s system and capacity for law-based governance.The criminal law thought contained in Marx and Engels’ classics has gone through four stages and three links with the relationship between three theories and three basic categories. Through criticism of the preventive criminal law, Marx conducted an in-depth analysis of the relationship between the law and freedom, put forward the objectivist behavior theory based on the subject and the theory of criminal object of social relations, and re-established the principle of people’s sovereignty in criminal legislation. Engels put forward the conditions for the rationality of criminal judicial interpretation and discussed that the root of the crime was the ultimate economic interest conflict under private ownership-competition. Marx and Engels jointly elaborated a series of important criminal law thoughts, such as the concept of the criminal penalty in terms of human nature, the formation of morality, the essence of the law, and the essence of the crime. Through the interpretation of Marx and Engels’ classics, this paper reveals the theoretical contribution of Marx and Engels’ criminal law thought to the transformation of criminal law in contemporary China, and reexamines China’s anti-terrorism legislation, the application of death penalty for intentional homicide, the corporate crime and the legal subject status of artificial intelligence, thus making these classics glow with new theoretical vitality in the new era.The innovation of the study lies in the following aspects. First, it deconstructs Marx’s criticism of the double logical errors of the Prussian government in defining criminal acts, namely, the logical errors of the cause and the logical errors of the fact, and on this basis, it analyzes Marx’s objectivist behavior theory based on the object. Secondly, rested on the idea that the ontological foundation of Marx and Engels’ criminal law thought is the material lifestyle, this paper proposes to declare the value of the legal interests that need to be protected in advance by stating the facts of the crime, aiming at changing people’s cognition of the specific lifestyle in the sense of criminal law, and constructing a clearing criminal legislation strategy rather than a blocking one. Thirdly, through the analysis of Marx’s theory of human nature, it is proposed that, at the ontological level, AI is the product of the “object ontology” of the alienation of human nature and must become a subject of “object subjectivization” which is created and regulated by the human law; on the practical level, it is an inevitable choice for AI to become an independent legal subject in the age of intelligence when the labor form has changed from “alienation” to “freedom”, which has reflected the strength of human beings; on the level of realism, with the development of AI, the new social relationship involving intelligent machines, from the virtual relationship between “humans-humans” to the intelligent relationship among “humans-machines-humans”, to the intelligent relationship between “machines-machines”, has determined that it has been irreversible for AI to become the legal subject adjusting social relations.
		2023 Vol. 53 (5): 107-123 [Abstract] ( 115 ) [HTML 1KB] [PDF 806KB] ( 294 )

	124	Li Jianliang

		“Yeon Heng” in the Poetry of Korean Envoys During the Ming and Qing Dynasties ^Hot!
		During the Ming and Qing Dynasties, the Korean government regularly sent their diplomatic envoys to Beijing every year in the Choson Dynasty (1392-1910) to maintain diplomatic relations between China and Korea. The act of Korea sending envoys to China is known as “Yeon Heng”. For those envoys with high literacy in Chinese language and literature, the process of their envoys to China is not only a process of fulfilling their mission, but also a process of observing, feeling, and understanding China.There are two main tasks for the Korean envoys to China. The first task is political, followed by the purchase of Chinese books. As a result, among the envoys’ poems were works on the themes of political tasks. For example, Cui Yan (1503-1549) wrote “A Cloud in Wushan”, which shows that his colleague Song Chun was tasked with explaining to the Ming Court the trade between the Fujianese and Japan, and that it might cause disputes and turmoil. The poem of Cui Li reflects the active purchase of Chinese books by Korean envoys.After completing relevant political and diplomatic missions, the Korean envoy composed poetry on the theme of his observations and feelings about China during his trip, thus presenting a colorful mirror image of China. This includes the admiration for Chinese poetry, such as a poem by Zhao Ji, which reflects the Korean envoy’s familiarity and admiration for Dai Shulun’s poetry. Korean envoys’ appreciation and admiration of Chinese classical poetry is also manifested in the skillful application of the artistic techniques of Chinese classical poetry to their own creations. For example, Wu Yunqian composed a poem by imitating the Tang Dynasty poet Zhang Ji’s “Mooring by Maple Bridge at Night” in an all-round way to express his inner feelings on the way. From Li Qixian to Xu Juzheng, and then to Li Chengzhao’s “secondary rhyme” method, they completed the transformational creation of Chinese painting “Eight Scenes of Xiaoxiang” to words, which not only shows their respect of the aesthetic ideal of the painter, but also their own understanding of the emotional connotations, the artistic and cultural values beyond traditional inscriptions.The mirror image of Chinese culture presented by the above-mentioned works of “Yeon Heng” by the Korean envoys reflects the recognition and acceptance of the superiority of Chinese culture by the Korean envoys.As Korean envoys, they made creations in the style of traditional Chinese literatures, which embodied the new trend of literary export and integration among different regions and countries. First of all, the Korean envoys incorporated the artistic elements of Chinese poetry into their own works. At the same time, most of these poetic works of the Korean envoys are based on the background and process of their “Yeon Heng”. They recorded their missions, travel times, travel routes and related management systems from multiple angles and directions, thus providing rich historical materials for the study of Sino-Korean exchanges, and have special historical value. For example, the description of Li Dejiong’s poem “September 2” on the garrison training that the poet watched when invited by the generals of Dengzhou during his mission to China, is consistent with the content recorded in the Records of Pilgrimage to the Ming Dynasty written by a Korean envoy. Therefore, it can be mutually verified by poetry and literature.As a type of poetry based on diplomatic activities and set across regions and countries, the works of the Korean envoys often receive common attention and positive evaluation from the literati of China and Korea. Most of the Korean envoys hold a positive attitude towards their companions’ “Yeon Heng” poetry. Envoy Li Minsong’s affirmation of the poetry of another envoy, Mu Daqin, is an example. Li Tinggui, a Korean envoy who had made four trips to Beijing, wrote poems almost on every mission of his “Yeon Heng”, so he was highly praised by the Chinese literati. Some of Li Tinggu’s poems were later included in A Collection of Ming Dynasty Poems compiled by Zhu Yizun in the Qing Dynasty. This also reflects the recognition and acceptance of the achievements of Korean envoys’ poetry by the poets of the Qing Dynasty.These poetic works that present colorful Chinese mirror images embody the artistic vitality of Chinese poetry in the Chinese character cultural circle, and are of great significance to the creation and dissemination of Chinese poetry abroad..
		2023 Vol. 53 (5): 124-135 [Abstract] ( 166 ) [HTML 1KB] [PDF 1241KB] ( 509 )

	136	Wu Jun

		How to Become a Successful Poetry Critic: A Study of Poetry Critic Yu Ji and His Poetic Concepts ^Hot!
		Being eulogized as “a brave warrior”, “a Tang person copying the calligraphy of the Jin Dynasty”, “a three-day bride“ and “a Sophisticated Official of the Han Court”, Yu Ji’s comments on the “Four Schools of the Yuan Poems” did not just list four style characteristics but offered a comparison of the aesthetic impressions of two kinds. In this way, the poetic advantage embodied in the “Sophisticated Official of the Han Court” is conveyed. The advantage was an elegant and eclectic standard for poetic criticism. Yu Ji compares himself to “a Sophisticated Official of the Han Court”, with the connotation of a metaphor of poems and persons, but the function of a metaphor in poems is transferred from the metaphor on persons, which is related to the specific poetic contexts since the Song and Yuan Dynasties, and it reflects the critic’s critical attitude. Commenting on the poems from the perspective of being “a Sophisticated Official of the Han Court” needs the following three requirements, i.e., first, the critics have high poetic literacy and are proficient in poetics; second, critics should take the initiative to assume the responsibility of “the suzerain of the literary world” and have a rigorous and serious attitude on criticism; the third is fairness. Therefore, Yu Ji compares himself to being “a Sophisticated Official of the Han Court”, which embodies three internal theoretical connections between his poetry criticism and poetics orientation: first, Yu Ji regards poetry learning as a piece of specialized knowledge, which is the basis for his poetic criticism, and learning poetry or learning poems in ancient times can also show the specific path of its poetic approach; the second is that Yu Ji, as the suzerain of the literary world, differentiates and analyzes the notion that “the speech of peace is difficult to be beautiful”, “and seeks a theoretical basis for the sound of the prosperous age”, which is also the embodiment of his critical attitude, poetic stand, and criticism method; the third is that Yu Ji’s critical thinking mode is “compromising”, which is the origin of his poetic ideas, and it in turn affects the effect of his poetic criticism.The foundation of Yu Ji’s commentary on poetry lies in learning from poems of ancient times. To him, the first way to learn from poems of ancient times was to regard poetry as knowledge and choose the model of learning, with the approach of learning poems of the Tang Dynasty first and following the poems before the Tang Dynasty. The second way was to cultivate emotions and make changes in temperament from the study of ancient poems, and finally act on the poems in an approach of studying The Book of Poetry first and then studying The Book of Poetry onwards until the Tang Dynasty poetry. The characteristic of Yu Ji’s poetry lies in “learning”. The former is external and belongs to the study of skills; the latter is internal and belongs to the study of self-cultivation. The two logical paths are consistent with Du Fu’s Poetry, and they are regarded as the whole of poetry in terms of legitimacy and affection. “Poems written when the mood is at peace are not beautiful” is the key to theoretical problems and the biggest theoretical difficulty that Yu Ji as a poetry critic and an advocate of the prosperous poetic style has to face, and it is also the embodiment of his critical attitude and poetic standpoint. On this issue, the method used by Yu Ji to criticize poetry is to distinguish the relationship between poetic achievements and life situation, and believes that the poet’s achievement has nothing to do with the situation, but lies in the poet’s own inner cultivation and talent. Secondly, Yu Ji advocates that poets actively adapt to the times, and poems present a style that is in line with the individual and the times. The thinking mode of Yu Ji’s commentary is “compromising”, with an emphasis on the appropriate “degree”. Influenced by the “compromising” thinking, Yu Ji emphasized that the poet should observe objects by standing in the middle. Therefore, he believed that all poetic styles exist objectively and do not need to be reconciled. What needs to be adjusted is the temperament and spirit of the creative subject. This poetic concept is obviously influenced by Neo-Confucianism. The eclectic critical thinking and poetic speaking style runs through all aspects of Yu Ji’s poetics, and is widely recognized for its fairness.In a word, from the perspective of Yu Ji as a poetry critic, we can have a more profound and in-depth understanding of Yu Ji’s poetics in the logical clues by comparing himself to the “Sophisticated Official of the Han Court”.
		2023 Vol. 53 (5): 136-146 [Abstract] ( 144 ) [HTML 1KB] [PDF 850KB] ( 259 )

	147	Qin Zizhong

		Rationality of Behavior and Its Boundary: Interactive Behavior Between Multiple Relationships ^Hot!
		How should behavior be taken in a divided world in order to promote the foundations of human life together? On this issue, a number of behavioral theories have been formed in the field of contemporary political philosophy, among which John Rawls’s theory of rational behavior and Jürgen Habermas’s theory of communicative behavior have far-reaching influence. By contrast, Rawls’s rational behavior is a monologue logical analysis of the behavioral subject, embedded in the principles of justice, and therefore it is essentially equivalent to the principles of justice in which behavior has been programmed, while Habermas’s communicative behavior is a linguistic communication between behavior subjects, which is independent of the principles of justice and can produce any substantive principle within the framework of the negotiation it establishes. These two behavioral theories are different from the theory of class struggle and the theory of strategic behavior. They are devoted to the study of the rationality of human behavior and the rationalization of society in a divided world and provide peaceful solutions to the conflicts of human interests and values, and even promote the basis for human beings to live together.However, these two behavioral theories are based on a set of counterfactual hypotheses respectively. As ideal theories, they do not pay enough attention to the transition between ideal theory and reality. And they both have a tendency of universalism that causes them to neglect the boundary issue of universalism as well as the issue of multiple relations between the boundaries. Therefore, these two behavioral theories are not only difficult to be applied directly to the divided and conflicting real world, but also lead to improper interference in the process of seeking homogeneous consensus. In the critical study of these two behavioral theories, a new kind of behavior theory, namely theory of interactive behavior, has been outlined, in which the reinterpreted rational behavior theory and the communicative behavior theory constitutes the two basic aspects of the interactive behavior theory, that is, the institutional aspect which contains many different rank principles and the behavioral aspect which contains many kinds of interactive activities.As a behavioral paradigm, interactive behavior is different from rational behavior and communicative behavior in three aspects: firstly, the starting point of interactive behavior is the realistic relationship that can be improved, which is neither the hypothetical original state nor the ideal debate situation; secondly, interactive behavior recognizes the boundary of universalism and pays attention to the multiple relational attributes between the boundaries; thirdly, the form of thought behind the interactive behavior is the emotional rationality that pays attention to the boundary, and it is neither purpose-cognitive rationality nor communicative rationality without boundary consciousness. Because the interactive behavior starts with a realistic relationship that can be improved, seeking the possibility of cooperation between boundaries rather than seeking homogeneity or unity that across all boundaries, it not only avoids shrinking into monologue-like logical analysis but also avoids completely drowning out the relational attributes among the principles; and it seeks the interactive consensus among the boundaries by gradually improving the conditions that prevent consensus from being reached. Interactive consensus gives up the pursuit of homogeneous consensus focus and seeks to converge the overlapping areas of heterogeneous consensus focus to form a network of compatibility consensus, and thus consolidate the foundation for human beings to live together.
		2023 Vol. 53 (5): 147-160 [Abstract] ( 99 ) [HTML 1KB] [PDF 713KB] ( 363 )

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